Text: H08790 Text: H08792 Text: H08700 - H08799 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2539, as follows:
1 2 #1. Page 34, by inserting after line 27 the
1 3 following:
1 4 "Sec. ___. Section 602.6405, Code 1997, is amended
1 5 by adding the following new subsection:
1 6 NEW SUBSECTION. 3. If a magistrate does not elect
1 7 to have a contested proceeding electronically recorded
1 8 and the proceeding is not reported by a certified
1 9 court reporter, the magistrate shall advise each party
1 10 prior to the commencement of the proceeding of the
1 11 party's right to cause the proceeding to be
1 12 electronically recorded. Any recording made by the
1 13 parties pursuant to this subsection shall be filed
1 14 with the magistrate immediately following the hearing
1 15 and may be used in any appeal of the proceeding by
1 16 either party in accordance with the applicable rules
1 17 of procedure.
1 18 Sec. ___. Section 631.11, subsection 3, Code 1997,
1 19 is amended to read as follows:
1 20 3. RECORD. Upon the trial, the judicial
1 21 magistrate shall make detailed minutes of the
1 22 testimony of each witness and append the exhibits or
1 23 copies thereof to the record. The proceedings upon
1 24 trial shall not be reported by a certified court
1 25 reporter, unless the party provides the reporter at
1 26 such party's expense. The magistrate, in the
1 27 magistrate's discretion, may cause the proceedings
1 28 upon trial to be reported electronically. If the
1 29 proceedings are being electronically recorded both
1 30 parties shall be notified in advance of that
1 31 recording. If a magistrate does not elect to have a
1 32 contested proceeding electronically recorded and the
1 33 proceeding is not reported by a certified court
1 34 reporter, the magistrate shall advise each party prior
1 35 to the commencement of the proceeding of the party's
1 36 right to cause the proceeding to be electronically
1 37 recorded. Any recording made by the parties pursuant
1 38 to this subsection shall be filed with the magistrate
1 39 immediately following the hearing and may be used in
1 40 any appeal of the proceeding by either party in
1 41 accordance with the applicable rules of procedure. If
1 42 the proceedings have been reported electronically the
1 43 recording shall be retained under the jurisdiction of
1 44 the magistrate unless appealed, and upon appeal shall
1 45 be transcribed only by a person designated by the
1 46 court under the supervision of the magistrate."
1 47 #2. By renumbering as necessary.
1 48
1 49
1 50
2 1 KREIMAN of Davis
2 2 HF 2539.310 77
2 3 ec/cf/28
Text: H08790 Text: H08792 Text: H08700 - H08799 Text: H Index Bills and Amendments: General Index Bill History: General Index
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